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2010 SESSION

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Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan,Anne Louise Mason
Date of Meeting: February 1, 2010
Time and Place: 1/2 hour after adjournment/Senate Room B

S.B. 33 Mobile Camps and Other Railway Work Facilities; established.

Patron: Lucas

Mobile camps for railroad employees.  Establishes standards for rooms at terminals and headquarters, permanent assembly points, and mobile work camps provided by a railroad company for employees and contractors. Railroad companies are required to provide drinking water at assembly points where maintenance-of-way employees meet. The Board of Health is required to adopt regulations concerning mobile camps. The State Corporation Commission is responsible for investigating reports of failures to comply with the requirements.

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 32.1 an article numbered 6.1, consisting of sections numbered 32.1-211.1, 32.1-211.2, and 32.1-211.3, and by adding a section numbered 56-129.2, relating to the health and safety of railroad maintenance-of-way employees and contractors; regulation of mobile camps and other facilities.

10101124D

S.B. 34 Worker Misclassification Act; created.

Patron: Lucas

Worker Misclassification Act; penalties.  Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party which pays that remuneration, for purposes of Titles 40.1 (Labor and Employment), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown to the satisfaction of the Department of Labor and Industry that (i) the individual has been and will continue to be free from direction and control of the employer, both under his contract of service and in fact, (ii) the service is outside the usual course of the business of the employer, and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business, both under his contract of service and in fact. Discrimination or taking adverse action against any person in retaliation for exercising rights protected under this measure is also prohibited. Violators are subject to criminal penalties, civil penalties, debarment from public contracts, private actions, and stop-work orders.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.22, relating to the failure to properly classify employees; Worker Misclassification Act; penalties.

10101134D

S.B. 112 Steps to Advance Virginia's Energy Plan (SAVE) Act; created.

Patron: Petersen

Natural gas utilities; cost recovery for certain infrastructure improvement costs.  Authorizes investor-owned natural gas utilities to petition the State Corporation Commission to implement a separate rider that will allow for recovery of certain costs associated with eligible infrastructure replacement projects. Eligible infrastructure replacement projects are projects that: (i) enhance safety or reliability by reducing system integrity risks associated with customer outages, corrosion, equipment failures, material failures, natural forces or other outside force damage; (ii) do not increase revenues by directly connecting the infrastructure replacement to new customers; (iii) reduce greenhouse gas emissions; and (iv) are not included in the natural gas utility's rate base in its most recent rate case. The costs recoverable from an eligible infrastructure replacement project include a return on the investment, depreciation, property taxes, and carrying costs on the over- or under- recovery of the eligible infrastructure replacement costs.

A BILL to amend the Code of Virginia by adding in Title 56 a Chapter numbered 26, consisting of sections numbered 56-603 and 56-604, relating to natural gas utilities; cost recovery for certain infrastructure improvement costs.

10101967D

S.B. 225 Public Procurement Act; verification of legal presence for employment in U.S.

Patron: Barker

Public Procurement Act; verification of legal presence.  Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is not determined to be legally eligible for employment in the United States as determined through the verification of the individual's status. Contractors who do not register and participate in the registration program are ineligible for prequalification.

A BILL to amend and reenact § 2.2-4317 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4308.2, relating to the Virginia Public Procurement Act; verification of eligibility for employment in the United States.

10102903D

S.B. 239 Unemployment benefits; eligibility criteria and impact of legislation.

Patron: Watkins

Unemployment benefits; eligibility criteria and impact of legislation. Provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in approved training programs are eligible for up to 26 weeks of additional benefits. The measure also provides that an individual who voluntarily separates from employment is not disqualified from receiving unemployment compensation benefits if the separation is for a compelling family reason, which is defined as domestic violence, the illness or disability of a member of the individual's immediate family; or the need for the individual to accompany such individual's spouse to a place from which it is impractical for such individual to commute and due to a change in location of the spouse's employment. A provision allowing individuals to receive unemployment benefits if they voluntarily leave employment to follow a military spouse assigned to a new duty station, which provision will become effective only if the federal government appropriates adequate funds specifically for the purpose of paying benefits to such individuals, is repealed.  The measure also requires that bills enhancing unemployment compensation benefits payable to a claimant contain a statement reflecting the projected impact on the solvency level of the unemployment trust fund and the average increase in state unemployment tax liability of employers. Currently, such bills are required to contain an estimate of potential revenue losses of state tax revenues.

A BILL to amend and reenact §§ 30-19.03:1.2, 60.2-528, and 60.2-618, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 60.2-613.1, relating to unemployment compensation benefits.

10100370D

S.B. 281 Child labor; authorizes participation by children in activities of any nonprofit entity.

Patron: Quayle

Child labor; animal welfare organizations.  Authorizes the participation by children of any age in all activities of any nonprofit entity organized to provide for the care and welfare of animals. However, children aged 13 and younger may participate only if accompanied by a parent.

A BILL to amend and reenact § 40.1-100 of the Code of Virginia, relating to child labor; animal welfare organizations.

10103738D

S.B. 316 Telecommunications relay service; defines end-user equipment.

Patron: Locke

Telecommunications relay service; funding.  Defines "end-user equipment" as any communications device that enables or assists a person with a disability to communicate through the public-switched telephone network or internet protocol-enabled communications service, and changes the funding source for funds to cover costs associated with the purchase and distribution of end-user equipment from general to nongeneral (communications sales and use tax revenue) funds.

A BILL to amend and reenact § 51.5-115 of the Code of Virginia, relating to telecommunications relay service; funding.

10101302D

S.B. 377 Workplace Fraud Act; established.

Patron: Puckett

Workplace Fraud Act.  Establishes penalties for employers providing construction services that wrongly classify their employees as independent contractors. The measure authorizes the Commissioner of Labor and Industry to initiate an investigation under specified circumstances to determine whether specified violations occurred, requires the Commissioner to enforce specified provisions by issuing citations, and establishes the method of determining whether an employer-employee relationship exists for purposes of proper classification under specified circumstances. The measure imposes civil penalties on employers who violate its provisions.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.31, relating to the failure to properly classify employees; Workplace Fraud Act.

10103773D

S.B. 460 Uninsured motorist insurance; coverage for nonresident motor vehicle insured in another state.

Patron: McEachin

Uninsured motorist insurance coverage.  Provides that a nonresident motor vehicle that is insured under a motor vehicle liability insurance policy issued in another state with coverage limits that are less than those required for Virginia-registered motor vehicles shall not be deemed to be an uninsured vehicle.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to uninsured motorist insurance coverage.

10103062D

S.B. 535 Mail order pharmacy; insurer not limited to a single provider for services.

Patron: Newman

Pharmacy benefits; freedom of choice.  Authorizes accident and sickness insurers proposing to issue preferred provider policies or contracts, health maintenance organizations, corporations providing preferred provider subscription contracts, and health plans for state employees to select a single mail order pharmacy provider as an exclusive provider of mail order pharmacy services.

A BILL to amend and reenact §§ 2.2-2818, 38.2-3407.7, 38.2-4209.1, and 38.2-4312.1 of the Code of Virginia, relating to pharmacy freedom of choice; mail order pharmacy providers.

10103894D

S.B. 548 Restroom Access Act; created.

Patron: Barker

Customer access to restrooms; civil penalty.  Requires a retail establishment that has a toilet facility for its employees to allow a customer to use that facility during normal business hours if the following conditions are met: (1) the customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device; (2) three or more employees of the retail establishment are working at the time the request is made; (3) the retail establishment does not normally make a restroom available to the public; (4) the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer; and (5) a public restroom is not immediately accessible to the customer. The bill also provides that a retail establishment is not required to make any physical changes to an employee toilet facility. The operator of a retail establishment that violates this requirement is subject to a civil penalty of not more than $100. A violation of this act does not subject the retail establishment to further liability to the customer.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 50, consisting of sections numbered 59.1-550 through 59.1-553, relating to customer access to restrooms; penalty.

10102030D

S.B. 562 Unemployment benefits; eligibility of individuals part-time employed and in training programs.

Patron: Puckett

Unemployment benefits; part-time employment and training programs.  Provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in approved training programs are eligible for up to 26 weeks of additional benefits. The measure also provides that an individual who was employed part time during at least one-half of the weeks of work in the individual’s base period is deemed to satisfy the requirement that he be available for work and actively seeking and unable to obtain suitable work if he is available for and actively seeking work that is comparable to his part-time work experience in his base period.

A BILL to amend and reenact §§ 60.2-612 and 60.2-618, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 60.2-613.1, relating to eligibility of certain individuals for unemployment compensation benefits.

10100813D

S.B. 597 Workers' compensation; insurance carriers to file proof of coverage within 30 days of inception.

Patron: Wampler

Workers' compensation insurance; proof of coverage.  Authorizes workers' compensation insurance carriers to file proof of coverage within 30 days of an insurance policy's inception. The filing shall be made electronically in the form prescribed by, and to the agent designated by, the Workers' Compensation Commission.

A BILL to amend and reenact § 65.2-804 of the Code of Virginia, relating to proof of workers' compensation insurance coverage.

10103989D

S.B. 610 Workers' Compensation Commission; filing materials by electronic transmission.

Patron: Edwards

Workers' Compensation Commission filings.  Expands the options for filing materials with the Workers' Compensation Commission to include means of electronic transmission that have been approved by the Commission.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to filings with the Workers' Compensation Commission.

10103983D

S.B. 611 Workers' Compensation Commission; notices, orders, etc., by electronic communications.

Patron: Edwards

Workers' Compensation Commission; notices.  Authorizes the Workers' Compensation Commission to satisfy its obligations to provide copies of notices, opinions, orders, and awards by sending them by electronic communications in the manner prescribed by the Commission.

A BILL to amend and reenact § 65.2-715 of the Code of Virginia, relating to Workers' Compensation Commission; electronic notices.

10103986D

S.B. 612 Workers' Compensation Commission; repeals requirement of sending copies of awards by priority mail.

Patron: Wagner

Workers' Compensation Commission; awards.  Repeals provisions that require the Workers' Compensation Commission to send copies of awards by priority mail with delivery confirmation or equivalent mailing option. The measure also increases the period in which an application for review of an award may be made from 20 to 30 days.

A BILL to amend and reenact §§ 65.2-704, 65.2-705, and 65.2-706 of the Code of Virginia, relating to the Workers' Compensation Commission; awards.

10103984D

S.B. 622 Dental plans; reimbursement for health care services.

Patron: Wampler

Dental plans; reimbursement for health care services.  Prohibits a contract for the provision of health care between a dental plan and a dentist or oral surgeon that establishes the fee or rate that the dentist or oral surgeon is required to accept for the provision of health care services, or from requiring that a dentist or oral surgeon accept the reimbursement paid by the dental plan as payment in full for health care services. These prohibitions do not apply to covered health care services that a dentist or oral surgeon has agreed to provide on behalf of the dental plan to its insured, subscribers, or enrollees with an expectation of receiving payment, other than copayments or deductibles, directly or indirectly from the dental plan. The measure applies to contracts entered into, amended, extended, or renewed on or after July 1, 2010.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.17, relating to limitations by a dental plan on reimbursements for certain services provided by dentists and oral surgeons.

10103596D

S.B. 642 Health insurance, basic; HMOs to offer plans that do not include state-mandated insurance.

Patron: Reynolds

Availability of basic health insurance.  Authorizes health maintenance organizations to offer and sell to small employers group health care plans for health care services that do not include all of the state-mandated health insurance benefits. Currently, such limited coverage may be offered by health insurers and corporations providing subscription contracts.

A BILL to amend and reenact §§ 38.2-3406.1 and 38.2-4319 of the Code of Virginia, relating to health insurance policies offered by small employers; application to health maintenance organizations.

10104254D

S.B. 649 Autism Tuition Assistance Grant Program; established.

Patron: Stosch

Autism Tuition Assistance Grant Program established; mandated health insurance for autism.  Establishes a tuition assistance grant program for students with autism. The program provides grants of no more than $20,000 a year per student to a Virginia nonsectarian private school of choice for students identified as autistic and for whom individual education plans have been written.

 The bill requires that in order to receive the grant the following conditions be satisfied: (i) the student has attended a public school in the Commonwealth and has received special education services for at least one year prior to the receipt of the grant; (ii) the parent has obtained acceptance for admission of the student to an eligible private school; (iii) the parent has executed and submitted to the division superintendent a written statement acknowledging that the public school has implemented an individualized educational program that is reasonably calculated to provide educational benefit; and (iv) the parent has requested the grant of the Superintendent of Public Instruction and notified the division superintendent of that request.

The bill further requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorders in individuals under age 21. Coverage is subject to an annual maximum benefit of $36,000.

The bill creates a subtraction for any grants included in the federal adjusted gross income of a parent. The bill establishes a voluntary contribution on the individual income tax return for taxpayers wishing to make a donation to the Grant Program.

The bill also repeals § 58.1-439.12:01, which provides for a tax credit for cigarettes manufactured and exported, and requires that any current or future increase in the revenues of the Commonwealth attributable to the repeal of § 58.1-439.12:01 shall be used for purposes of funding the Grant Program.

A BILL to amend and reenact §§ 38.2-4319, 58.1-322, and 58.1-344.3 of the Code of Virginia, to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 16.1, consisting of sections numbered 22.1-335.1 through 22.1-335.8, and by adding a section numbered 38.2-3418.16, and to repeal § 58.1-439.12:01 of the Code of Virginia, relating to autism.

10103496D

S.B. 664 Insurance information; agent to disclose information about policy to funeral services licensee.

Patron: Miller, J.C.

Insurance information disclosures.  Requires an insurance institution, agent, or insurance-support organization to disclose information about an insurance policy on the life of a deceased policyholder to a funeral service licensee, when requested in order to arrange for the final disposition of the deceased policyholder.

A BILL to amend and reenact § 38.2-612.1 of the Code of Virginia, relating to privacy of insurance information; disclosures to funeral services providers.

10101910D

S.B. 666 Unemployment compensation; employee voluntarily leaving employment to accompany military spouse.

Patron: Locke

Unemployment compensation; military spouses.  Repeals the provision that made the enactment of a measure to allow military trailing spouses to be eligible for unemployment benefits contingent upon the appropriation by the federal government of funds for this purpose. By repealing this contingency, an employee who voluntarily leaves employment will be deemed to have had good cause for so leaving if the employee accompanies his or her spouse, who is on active duty in the military or naval services of the United States, to a new military-related assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. The measure applies only if the state to which the spouse is transferred has a similar provision, unless the transfer involves members of the Virginia National Guard relocated within the Commonwealth. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer.

A BILL to repeal the third enactment of Chapter 878 of the Acts of Assembly of 2009, relating to unemployment compensation; voluntarily leaving employment to accompany military spouse; funding contingency.

10104186D

S.B. 674 Automobile clubs; shall not include services offered or provided through a telematics system.

Patron: Wampler

Automobile clubs; telematics systems.  Provides that the services that may be supplied by an automobile club shall not include services offered or provided through a telematics system. A telematics system is motor vehicle equipment that collects and delivers information or services to and from a motor vehicle through global positioning systems and wireless communications systems.

A BILL to amend and reenact § 13.1-400.1 of the Code of Virginia, relating to automobile clubs; telematics systems.

10104174D

S.B. 675 Health insurance; mandated coverage for telemedicine services.

Patron: Wampler

Health insurance; mandated coverage for telemedicine services.  Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the cost of telemedicine services when the services are appropriately provided through such means. "Telemedicine services" means the use of interactive audio, video, or other telecommunications technology by a health care provider to deliver health care services at a site other than the site where the patient is located, including the use of electronic media for consultation relating to the health care diagnosis or treatment of the patient. Decisions denying coverage of services provided via telemedicine will be subject to utilization review procedures.

A BILL to amend and reenact §§ 32.1-137.7 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.16, relating to health insurance coverage for telemedicine services.

10104042D

S.B. 706 Health insurance; coverage for mental health and substance abuse services.

Patron: Houck

Health insurance; coverage for mental health and substance abuse services.  Removes the benefit limitations applicable to coverage for inpatient, partial hospitalization, and outpatient mental health and substance abuse services under large group health insurance policies. Under this measure, coverage for such services under large group policies will not be more restrictive than for other illness. The existing limitations will continue to apply to individual and small group policies.

A BILL to amend and reenact §§ 38.2-3412.1 and 38.2-3412.1:01 of the Code of Virginia, relating to health insurance coverage for mental health and substance abuse services.

10100804D

S.B. 710 Utility Transfers Act; SCC to approve acquiring or disposal of control of public utility.

Patron: Edwards

Utility Transfers Act.  Provides that a person shall not acquire or dispose of control of a public utility, or all of its assets, or a telephone company, in whole or in part, without prior approval of the State Corporation Commission.

A BILL to amend and reenact § 56-88.1 of the Code of Virginia, relating to the Utility Transfers Act.

10104088D

S.B. 713 Coastal Energy Research Consortium; adds GMU to membership and President to governing board.

Patron: Petersen

Coastal Energy Research Consortium.  Adds George Mason University to the membership of the Coastal Energy Research Consortium, and the President of George Mason University or his designee to the governing board of the Consortium.

A BILL to amend and reenact §§ 67-600 and 67-602 of the Code of Virginia, relating to membership of the Coastal Energy Research Consortium.

10104149D